Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 144

Declaration of Heather H. Martin in Support of #142 Opposition/Response to Motion, filed byGoogle Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Related document(s) #142 ) (Candido, Amy) (Filed on 4/28/2012)

1 Amy H. Candido
[e-mail]
2 Matthew S. Warren
[e-mail]
3 QUINN EMANUEL URQUHART
& SULLIVAN, LLP
4 50 California Street, 22nd Floor
San Francisco, California 94111-4788
5 [phone]
[phone] facsimile
6
7 Attorneys for Non-Party Google Inc.
8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

10
11

APPLE INC., a California corporation,
Plaintiff,

12
13

v.

SAMSUNG ELECTRONICS CO., LTD., a
14 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a
15 New York corporation; SAMSUNG
TELECOMMUNICATIONS
16 AMERICA, LLC, a Delaware limited liability
company,
17
Defendants.
18
SAMSUNG ELECTRONICS CO., LTD., a
19 Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
20 York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
21 LLC, a Delaware limited liability company,
22
23

CASE NO. 12-cv-00630 LHK
DECLARATION OF HEATHER H.
MARTIN IN SUPPORT OF GOOGLE’S
OPPOSITION TO APPLE’S MOTION TO
COMPEL
Date: May 1, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

Counterclaim-Plaintiff,
v.

24 APPLE INC., a California corporation,
25

Counterclaim-Defendant

26
27
28
CASE NO. 12-CV-00630 LHK
-1MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL

1

I, Heather H. Martin, declare:

2

1.

I am an associate at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for non-

3 party Google Inc. (“Google”) in this action. I submit this declaration in support of Google’s
4 Opposition to Apple’s Motion to Compel.

I have personal knowledge of the following facts, and

5 would competently testify to them if called upon to do so.
6

2.

Attached to this declaration as Exhibit 1 is a true and correct copy of “Features-

7 Galaxy Nexus,” April 28, 2012.
8

3.

Attached to this declaration as Exhibit 2 is a true and correct copy of “Steve Jobs,”

9 a biography by Walter Isaacson.
10

4.

Attached to this declaration as Exhibit 3 is a true and correct copy of Order No. 22

11 in Certain Personal Data and Mobile Communications Devices and Related Software, U.S.I.T.C.
12 Inv. No. 337-TA-710 (October 14, 2010) (“710 Investigation”).
13

5.

Attached to this declaration as Exhibit 4 is a true and correct copy of the October

14 28, 2010 Letter from Amy Candido to Charles Fernandez in the 710 Investigation.
15

6.

Attached to this declaration as Exhibit 5 is a true and correct copy of the June 7,

16 2011 Letter from Matthew S. Warren to Ted Jou in Certain Mobile Devices and Related Software,
17 U.S.I.T.C. Inv. No. 337-TA-750 (“750 Investigation”).
18

7.

Attached to this declaration as Exhibit 6 is a true and correct copy of the July 20,

19 2011 Letter from Matthew S. Warren to Ted Jou in the 750 Investigation.
20

8.

Attached to this declaration as Exhibit 7 is a true and correct copy of the September

21 2, 2011 Letter from Jill J. Ho to Laura Miller in Apple Inc. and NeXT Software Inc. (f/k/a/ NeXT
22 Computer, Inc.) v. Motorola, Inc. and Motorola Mobility, Inc., No. 10-662 (W.D. Wisc.).

This

23 case has subsequently been transferred to the Northern District of Illinois as Apple Inc. and NeXT
24 Software Inc. (f/k/a/ NeXT Computer, Inc.) v. Motorola, Inc. and Motorola Mobility, Inc., No. 1125 8540 (N.D. Ill.). I will refer to this litigation throughout the remainder of this declaration as the
26 “Northern District of Illinois case.”
27

9.

Attached to this declaration as Exhibit 8 is a true and correct copy of the September

28 7, 2011 Letter from Matthew S. Warren to Jill Ho in the Northern District of Illinois case.
CASE NO. 12-CV-00630 LHK
-2MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL

1

10.

Attached to this declaration as Exhibit 9 is a true and correct copy of the January

2 31, 2012 Letter from Kristin J. Madigan to J. Jason Lang in Apple, Inc. v. Motorola, Inc. and
3 Motorola Mobility, Inc., No. 10-23580 (S.D. Fla.) (“the Southern District of Florida case”).
4

11.

Attached to this declaration as Exhibit 10 is a true and correct copy of the January

5 9, 2012 Letter from Kristin J. Madigan to Jill Ho in the Southern District of Florida case.
6

12.

Attached to this declaration as Exhibit 11 is a true and correct copy of “Galaxy

7 Nexus: An In-Your-Face Android Phone,” November 22, 2011.
8

13.

Attached to this declaration as Exhibit 12 is a true and correct copy of “Galaxy

9 Nexus HSPA+
10

14.

Review” by Miriam Joire, November 24, 2011.
Attached to this declaration as Exhibit 13 is a true and correct copy of Samsung's

11 Objections and Responses to Apple's First Set of Preliminary Injunction Interrogatories, Apple Inc.
12 v. Samsung Electronics Co., Case No. 12-cv-00630 (N.D. Cal. March 27, 2012). I will refer to this
13 litigation throughout the remainder of this declaration as the “Second Northern District of
14 California case.”
15

15.

Attached to this declaration as Exhibit 14 is a true and correct copy of the March

16 29, 2012 Letter from Brian M. Buroker to Patrick Shields in the Second Northern District of
17 California case.
18

16.

Attached to this declaration as Exhibit 15 is a true and correct copy of the April 23,

19 2012 Letter from Heather H. Martin to Jason Lo.
20

17.

Attached to this declaration as Exhibit 16 is a true and correct copy of the April 25,

21 2012 Letter from Jason Lo to Heather H. Martin.
22

18.

Attached to this declaration as Exhibit 17 is a true and correct copy of the April 26,

23 2012 Letter from Heather H. Martin to Jason Lo.
24

19.

Attached to this declaration as Exhibit 18 is a true and correct copy of the April 24,

25 2012 Letter from Heather H. Martin to Jason Lo.
26

20.

Attached to this declaration as Exhibit 19 is a true and correct copy of the April 26,

27 2012 Letter from Heather H. Martin to Jason Lo.
28
CASE NO. 12-CV-00630 LHK
-3MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL